Earlier this month, the Second Circuit, in Pucino v. Verizon Communications, held that repeated use of the word “bitch” could create a hostile work environment. I decided Dan Schwartz’s (of the Connecticut Employment Law Blog) blog post was worthy of the following tweet:
Misinterpreting my tweet, @CarlosDuranLive responded with the following:
Yikes. I share this little back-and-forth for two reasons: 1) words can often be misunderstood or taken out of context, and 2) your duty as an employer is to take seriously and investigate every complaint by every employee about words, no matter how silly the interpretation of events might be.
Here’s the rest of what I read this week:
Discrimination
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HR’s uneven response to graffiti and swastikas: “Close” counts in horseshoes … not harassment – from Mindy Chapman’s Case in Point
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Is It Okay for Women to Breastfeed at Work? – from Margaret Heffernan at bnet
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Can Employers Prohibit Employees From Expressing Their Religious Views in the Workplace? – from New York Labor and Employment Law Report
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How Sex Hurts the Workplace – from Manpower Employment Blawg
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Hypnosis and Sex Harassment – from The Word on Employment Law with John Phillips
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Harassment by Hypnosis – from Philip Miles’s Lawffice Space
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Posner - “Nebulous suspicions voiced by a busybody” not protected under Title VII – from GT LE Blog
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Diabetic Distinctions: THE ADA AND THE ADAAA – from Employment Essentials
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No good deed goes unpunished – from Work Matters
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“The Company You Keep”: Association Discrimination under the ADA – from George Lenard’s George's Employment Blawg
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5 Women Sue Toy Company Claiming Sexual Harassment – from Christopher McKinney at the HR Lawyer’s Blog
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“Same Actor” Defense – from The Labor and Employment Law Blog
Wage & Hour
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DOL’s Trojan horse: “We’re from the DOL and We Can Help” – from Dean LeDoux at The HR Specialist
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Latest DOL Opinion On Donning and Doffing, Not So Fast - 6th Circuit Says – from Michael Fox’s Jottings by an Employer’s Lawyer
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Eleventh Circuit Rules for Employees on FLSA Enterprise Coverage – from Florida Employment Law Blog
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“The onslaught of wage and hour litigation continues unabated” – how will you protect yourself? – from CPEhr
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Health Care Industry: DOL Intensified Focus Mandates More Awareness – from Wage & Hour - Development & Highlights
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A looming issue under the FLSA: overtime and technology – from Sindy Warren at the Warren & Hays Employment Law Blog
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Walt Disney World Owes Cast Members Almost $450K Says U.S. Labor Department – from StitchKingdom.com
FMLA
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FMLA FAQ - Is a cold or the flu a serious health condition? – from FMLA Insights
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When Can an Employer Ask for a Second Opinion for FMLA Leave? – from Southwest Florida HR Law & Solutions
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FMLA condition or insubordination? – from Stephen Meyer’s HR Cafe
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Preventive Fitness for Duty Exams – from San Antonio Employment Law Blog
Litigation
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What Was the Most Memorable Deposition You Have Been a Part Of? – from ABA Journal Daily News
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Do You Have a Discovery Plan? – from Katherine Gallo’s Resolving Discovery Disputes
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Sixth Circuit Applies Arbitrability Presumption to Question of Who May Arbitrate – from Sixth Circuit Appellate Blog
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Litigators Losing Love of Arbitration Argue for Trials – from Law.com
Trade Secrets / Non-Competes
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Caution Required: Severability Clauses in Non-Compete Agreements – from Trade Secrets & Non-Compete Blog
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Controlling The Message - The First Step – from Trade Secret / Noncompete Blog
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India and Trade Secrets: Former Board Member of Bombay Company Enjoined as to Some Information, But Not All, He Learned – from Trade Secrets Blog
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Computer Misuse Statutes Playing Bigger Role In Non-Compete and Trade Secret Cases – from Delaware Non-Compete Law Blog
Labor
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The Obama NLRB Starts Flexing Its Muscles – from Jeff Hirsch at the Workplace Prof Blog
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NLRB to Reconsider Cases Involving Voluntary Recognition Agreements, Successor Employers – from Washington D.C. Employment Law Update
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NLRB to Revisit Key Bush-Era Union Recognition Precedents – from Washington Labor & Employment Wire
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